Comments on: Fire — Good or Bad? http://www.concurringopinions.com/archives/2009/10/fire-good-or-bad.html The Law, the Universe, and Everything Tue, 14 Feb 2012 05:18:12 +0000 hourly 1 http://wordpress.org/?v=3.2.1 By: Guest http://www.concurringopinions.com/archives/2009/10/fire-good-or-bad.html/comment-page-1#comment-65959 Guest Tue, 20 Oct 2009 21:19:07 +0000 http://www.concurringopinions.com/?p=21369#comment-65959 "If you had the choice, would you put all legislative history to the fire?" No; because it's common sense that legislative history has functions beyond manipulative usages in certain kinds of proceedings. “If you had the choice, would you put all legislative history to the fire?”

No; because it’s common sense that legislative history has functions beyond manipulative usages in certain kinds of proceedings.

]]> By: The Quiet Lawyer http://www.concurringopinions.com/archives/2009/10/fire-good-or-bad.html/comment-page-1#comment-65954 The Quiet Lawyer Tue, 20 Oct 2009 06:00:51 +0000 http://www.concurringopinions.com/?p=21369#comment-65954 I'd put them to the flames (metaphorically). As Max Radin put it some 80 years ago, legislatures do not exist to have an intent -- they are there to pass laws, which is a pretty specific act. If the legislature wants something treated like a law, then let them meet the constitutional formalities (passage by both houses of the legislature and approval of the executive). Nothing <i>prohibits</i> the legislature from making the commentary a part of the act, for example. Besides which, people ought to be able to learn the legal duties imposed on them by reading the statute, without having to worry about being blindsided by something planted in a committee report. I’d put them to the flames (metaphorically). As Max Radin put it some 80 years ago, legislatures do not exist to have an intent — they are there to pass laws, which is a pretty specific act. If the legislature wants something treated like a law, then let them meet the constitutional formalities (passage by both houses of the legislature and approval of the executive). Nothing prohibits the legislature from making the commentary a part of the act, for example.

Besides which, people ought to be able to learn the legal duties imposed on them by reading the statute, without having to worry about being blindsided by something planted in a committee report.

]]> By: Edward Swaine http://www.concurringopinions.com/archives/2009/10/fire-good-or-bad.html/comment-page-1#comment-65944 Edward Swaine Sat, 17 Oct 2009 13:36:56 +0000 http://www.concurringopinions.com/?p=21369#comment-65944 Jon, you're the expert on this -- wouldn't all statutes be construed against the arsonist? One would hate to be Mrs. O'Leary's cow. (I know, maybe Daisy didn't do it.) Assume, alternatively, that all legislative history spontaneously combusted on its own. That's still different than instances today in which legislators had the opportunity to establish such history but did not. Would that make a difference -- so that, for example, a Senator might testify as to what was in a committee report? I guess the purer question is whether we would prefer that a disaster befall ancient legislative histories (that were still good law) of which no other evidence can be mustered -- consider, maybe, the ATS -- or a world in which they could not be created at all. Jon, you’re the expert on this — wouldn’t all statutes be construed against the arsonist? One would hate to be Mrs. O’Leary’s cow. (I know, maybe Daisy didn’t do it.)

Assume, alternatively, that all legislative history spontaneously combusted on its own. That’s still different than instances today in which legislators had the opportunity to establish such history but did not. Would that make a difference — so that, for example, a Senator might testify as to what was in a committee report?

I guess the purer question is whether we would prefer that a disaster befall ancient legislative histories (that were still good law) of which no other evidence can be mustered — consider, maybe, the ATS — or a world in which they could not be created at all.

]]> By: Dave Hoffman http://www.concurringopinions.com/archives/2009/10/fire-good-or-bad.html/comment-page-1#comment-65940 Dave Hoffman Fri, 16 Oct 2009 16:02:03 +0000 http://www.concurringopinions.com/?p=21369#comment-65940 Not sure on the merits. But as to the process question "fire good or bad," I'd following President Obama's <a href=" http://www.theonion.com/content/video/obama_to_enter_diplomatic_talks?utm_source=videoembed">lead and try to make peace with it.</a> Not sure on the merits. But as to the process question “fire good or bad,” I’d following President Obama’s http://www.theonion.com/content/video/obama_to_enter_diplomatic_talks?utm_source=videoembed“>lead and try to make peace with it.

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